RAJARAM DHONDIBA SHINGTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India the petitioner is seeking pension and other pensionery benefits from the respondents.

(2.) The petitioner is a highly qualified person. The petitioner has served Government aided institutions for almost 32 years. He has served in Rajaram College, Kolhapur as a Lecturer from 29/11/45 to 20/6/60. He has worked as Principal of Science College, Karad from 21/6/60 to 30/6/65. He has served as a Professor and Head of Department at the Shivaji University, Kolhapur from 1/7/65 to 10/11/68. He has served as Principal,Warna College,Warnanagar from 1/6/70 to 14/6/79. According to the petitioner all these institutions are hundred per cent aided by Government for the salaries and allowances paid to the Principals, Professors and other staff members.

(3.) The petitioner has two sons. One son is mentally challenged since birth. The petitioner's case is that on account of the critical health condition of his mentally challenged son on 10/11/68 he was forced to resign from service after completing 23 years of continuous service. Admittedly at that time there was no provision for voluntary retirement in Bombay Civil Services Rules ("BCS Rules" for short). The petitioner contends that actually he wanted to take voluntary retirement but due to non-existence of any such rules providing for voluntary retirement at the relevant time he was left with no alternative but to resign. The rules regarding voluntary retirement came in force in the year 1980. The petitioner, thereafter applied to the authorities for pension. He sent his application in the year 1980. However, his representation was rejected by the competent authority on the ground that the pension scheme was not applicable to the persons who had resigned from service.